Court Trims Daiichi’s Award Of Costs

2008-1600 Ortho-McNeil v. Mylan LabsND/WV 02-cv-32Judge Irene Keeley Defendant Mylan appeals from Judge Keeley's order awarding plaintiff Daiichi costs in the matter.  The costs issue has been pending for quite a while–the district court ruled in 2004 that the asserted patent was not invalid or unenforceable, and the Federal Circuit affirmed in 2005.  The various [...]

Drop And Give Me 271!

I am reporting from Boston today where I am attending the American Conference Institute’s FDA Boot Camp.  After years of various cases and matters (and blog posts) touching on different areas of pharma and medical device law, it was time to indulge in a formal and structured review of the area–besides, its one of my [...]

Sealed Records, A Reporter’s View

Interest in patent infringement cases extends well beyond the specific parties involved.  Cases involving well known companies or products get covered in the Wall Street Journal and other large media sources, but even lesser known cases generate great interest in their industry: for example, Blackboard’s cases in on-line learning and the Wii controller in gaming [...]

More On Filing Under Seal In ED Texas

Following our recent post on filing documents under seal in the Eastern District of Texas, ED Texas attorney, blogger and expert Michael Smith of EDTexweblog.com posted some comments as well as providing background on the process. I ask Michael if I could re-publish it as a post so that everyone could get the benefit of [...]

Seminar: “The Nuts and Bolts of Federal Circuit Practice”

I just received an email that on 09 September 2008 the Federal Circuit Bar Association is presenting a webcast on "The Nuts and Bolts of Federal Circuit Practice."  The cost is $105 for non-members, $65 for members, with reduced rates for government, academic and retired participants.  A copy of the flyer is attached here.  You [...]

Some Like It Easy: Filing Under Seal, ED Texas Style

I used to represent several broadcast and print journalists, often heading off to some state courthouse to remind the local judge about the First Amendment and this country’s great tradition of open courts, open proceedings, and open records.  It seemed that someone always wanted to keep inquisitive eyes off some judicial event–perhaps legitimately to maintain [...]

Patent Litigation Venues Revisited

The conventional wisdom:  we have all heard it (and probably repeated it).  When the topic is patent litigation venues, the raw numbers clearly point to a few well-known and oft cited heavyweights: Eastern District of Texas; Northern and Central Districts of California; Delaware.  The top 10 for 2007 filings: Rank District Cases 1 E.D. Texas [...]

Touché: Synaptics Hits Back

2008-1310 Elantech v. SynapticsND/CA 06-01839Magistrate Judge Patricia V. Trumbull Appeals of preliminary injunction orders often create dual proceedings: the district court case can continue while the Federal Circuit takes up issues related to the injunction.  While we normally focus reports on the CAFC appeal, sometimes  interlocutory appeals give us an opportunity to cover trial court [...]

A Few Appeals We Barely Got To Know

While avoiding yard work by watching the Portugal/Turkey match in Euro2008, I thought it also a good time for a quick post to report on a few recent appeals that were dismissed, stayed, transferred, or have otherwise drifted off the standard appeals track. 2008-1147 TGIP v. AT&T (joint stipulated dismissal) 2008-1159 Vas-Cath v. Curators Univ. [...]